Tuesday, November 8, 2016
Each year, I rethink how I teach fiduciary duties in the corporate law context in my Business Associations course. My learning objectives for the students are both limited and involved. On the one hand, there's little room in my three-credit-hour course for a nuanced understanding of all of the contexts in which corporate fiduciary duty claims typically occur. In particular, I have determined to leave out the public company mergers and acquisitions context almost completely. On the other hand, I find myself juggling uncertain classifications of duty components, explanations of seemingly mismatched standards of conduct and liability, and judicial review standards in and outside the Delaware corporate law context. It's a handful. It's teaching complexity.
Of course, fiduciary duty is not the only complex matter that one must teach in Business Associations. But it is, for me, one of the topics I am least confident that I "get right" in my interactions with students in and outside the classroom. Accordingly, as I again head toward the end of the semester, I find myself wondering whether I could have done--or could do--more with the students in my Business Associations course this semester. This leads me to ask my fellow business law professors (that's you!) whether any of you have materials, teaching techniques, exercises (in-class or out-of-class), etc. that you find to be particularly effective in educating law students the basics and nuances of corporate fiduciary duties.
So, have at it! Share your corporate fiduciary duty teaching successes in the comments, if you would. I am all ears. I know that what you report will benefit me and others (including our students), and I hope that your comments will generate a continuing conversation . . . .